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However, in reaching decisions in these cases where I have not delegated my I have the benefit of advice from the Director of Public Prosecutions and his
powers, senior colleagues.
The prosecution process
Mr President, the decision-making process begins when the Prosecutions Division receives an investigation file from a law enforcement agency, in most cases either the Police or the ICAC. It is important to note that generally speaking, the Prosecutions Division are not involved in the investigation of crimes. And that is quite deliberate. This separation of function ensures that decisions to prosecute are made by those who, because they have not been involved in the investigation, can view the evidence dispassionately and objectively. In some major and protracted cases, the advice of Prosecutions Division may be sought during the course of investigation over the strength of evidence and its possible admissibility, but even then the separation of function is strictly adhered to.
Once received the investigation file is assigned to one of the specialist units within the Prosecutions Division for evaluation. Each unit is headed by an experienced Counsel at the Directorate level, whose responsibilities include the supervision of counsel within that unit. All advice given is checked and counter- signed by the Directorate officer. Where a case may fall within the jurisdiction of the High Court for example, a possible prosecution for murder, the approval of a Directorate officer to prosecute will be sought. Similarly, prosecutions of major cases in the District Court will need the approval of a Directorate officer. In cases of particular weight, say, a major commercial crime, or cases which may involve a wider public interest, the papers will be passed to a Deputy Director of Public Prosecutions and then to the Director personally. The Director will, whenever he considers it appropriate, refer such decisions to me, either to endorse the decision or, in some instances, for me to decide.
Current safe-guards and checks and balances
Mr President, I now turn to the important question of safeguards and checks and balances, and the allied issues of transparency and accountability.
I have described the internal processes by which prosecution decisions are arrived at, showing that all major decisions are reached only after careful consideration at various levels within the Prosecutions Division. This process aims at minimising errors, and ensuring consistency of advice and policy, for it is important that decisions are made fairly and consistently.